Summary

by John Marshall Johnson v. Pannel's heirs — Opinion of the Court

If, after having reached the neighbourhood, the locative object cannot be found within the limits of the descriptive call, the entry is equally defective. They must both be found, and neither can be discarded unless deemed immaterial. A single call may be, at the same time, so notorious and so formed, as, for example, a spring of general notoriety, as to constitute in itself a call both of description and location; but if this call be accompanied with another, as a marked tree at the spring, it seems to be required that both calls should be satisfied.
Source: Wikisource

by John Marshall Johnson v. Pannel's heirs — Opinion of the Court

No case has been cited in which the call for an unmarked tree has been thought material; and there are cases in which a circumstance not important in itself, has been dispensed with. The difference between calling for a marked and an unmarked tree has been already noticed. It is difficult to suppose that they are viewed as equally important by the person making the entry, or by a subsequent locator. If the person making the entry designed to select for the beginning a particular tree, in exclusion of all others, it is in a high degree improbable that he should omit to mark it.
Source: Wikisource

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